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05-15-89 SpecialMINUTES SPECIAL MEETING OF THE BOARD OF DIRECTORS SOUTH TAHOE PUBLIC UTILITY DISTRICT MAY 15, 1989 The Board of Directors of the South Tahoe Public Utility District met in a special session, May 15, 1989, 4:30 PM, 1900 Lake Tahoe Blvd., City Council Chambers. BOARD OF DIRECTORS: Chairman Mason, Directors Jones, Olson, Walker and Sinclair present STAFF: Cofer, Baer, Fischer, Mamath, Schroeder, Gilbert, Schnakenberg, Hydrick, Bonnet, Miller, Attorneys Weidman and Rollston GUESTS: Richard Solbrig-John Carollo Engineers, Tahoe Keys home owners: Gary Vannice, Roger Adams, Jerry Lucas, Bob Lopez, Peter Whitney, and Arnie Leonard-President Tahoe Keys Board of Directors and other Tahoe Keys residents who did not wish to sign the registration. Director Jones disqualified himself from discussion and removed himself from the podium. Manager Cofer stated, due to the wording in the May 10, 1989 letter from TKPOA* which withdrew the prior offer of assis- tance in resolving the potential exposure of the sewer line and was now offering the sum of $25,000 toward District's efforts to resolve same, he was requesting direction from the Board. Director Olson requested a recommendation from Manager Cofer. Manager Cofer said he felt the District should proceed to protect the sewer line at its present elevation by placing a 10-12" diameter pipe upstream and downstream of the sewer line crossing at a slightly higher elevation than the existing sewer line; with warning signs posted for boat traffic. ROLL CALL TAHOE KEYS LAGOON SEWER LINE (EXTENDING FROM THE VENICE DRIVE PUMP STATION TO THE CRYSTAL COURT LAGOON) *Letter attached and becomes a part of these minutes by reference herein. SPECIAL BOARD MEETING MINUTES - MAY 15, 1989 Page 2 Manager Cofer and Attorney Rollston responded to questions from the Board regarding liability exposure, installa- tion depth Of the protecting pipe and the costs to the District. Chairman Mason invited comments from the Tahoe Keys residents in the audience. Those responding were: Gary Vannice, Roger Adams, Jerry Lucas, Bob Lopez, Peter Whitney and Arnie Leonard: The consensus of their com- ments was the proposed staff recom- mendation devalued the affected homes because property values were predicated on lake access; they threatened a law suit against the District; they felt the District was dodging responsibility; and questioned the reason for the rise in the original cost estimate for low- ering the sewer pipeline and the 50/50 split in costs to accomplish same. Attorney Rollston noted the District was required by law to pay the prevail- ing wage rates resulting in a higher cost for the project than the original estimate. Director Olson stated the reason District staff recommended the protection of the sewer pipeline, only, was because by its May 10, 1989 letter, TKPOA withdrew from the MOU which shared the costs of lowering the sewer pipeline on a 50/50 basis. He further directed District staff to return to negotiations with the TKPOA Board of Directors on the MOU. Attorney Rollston stated the MOU was drafted and available which addressed a 50/50 split in costs for lowering the sewer pipeline. Arnie Leonard, President-TKPOA, stated they had received 4 MOU's and needed to know which one District staff is deal- ing with. Furthe~ he requested the District be responsible for carrying out the project, including getting the TAHOE KEYS LAGOON SEWER LINE (continued) SPECIAL BOARD MEETING MINUTES - MAY 15, 1989 . ~.~ge 3 permits. He did not think it was fair to expect the TKPOA to be re- sponsible for the project. TAHOE KEYS LAGOON SEWER LINE (continued) Director Walker said he did not agree with the present MOU and felt the affected home owners should pay $227/ea to resolve the problem; he did not feel it was the District's responsibility, but this was not his final word. Manager Cofer said another issue which needed to be addressed at this time was the schedule to complete the work. He asked for input from Gary Schnakenberg, STPUD Engineering Associate. Gary reported Lukins Water Co. (the contractor who gave the price quote for the project) was working on another Keys project and would not be able to start this project until June 5th. Chairman Mason asked if there would be a problem getting the TRPA permits by the June 5th date. Gary said TRPA would consider this an emergency situation as long as the solution to the existing problem was lowering the sewer pipeline, thus expediting the permit process. Arnie Leonard stated he wanted the District to disregard his May 10th, 5:00 PM deadline letter; he said TKPOA was open, now, for MOU's and to work with District staff to work together to resolve this problem. Gary Vannice requested some incentives/dis- incentives be included in the contract to expedite completion of the lowering of the sewer pipeline. Manager Cofer requested the Board withhold action until the next regular board meeting, May 18, 1989. No Board Action. 5:15 PM ADJOURNMENT ATTEST: ROBERT MASON, CHAIRMAN OF BOARD SOUTH TAHOE PUBLIC UTILITY DISTRICT PAT A. MAM~THI CLERK OF BOARD SOUTH TAHOE PUBLIC UTILITY DISTRICT TAHOE hoe KEYS PROPERTY C)INNERS' ASSOCIATION May 10, 1989 South Tahoe Public Utility District Mr. James Corer Post Office Box UA South Lake Tahoe, CA 95705 Dear Mr. Cofer, TKPOA Board has acted in good faith for sometime now in hopes of an expeditious solution or cooperative end to the relocation of the District's sewer pipe, that obviously remains a hazard to public waterway navigation with vast health and environment impact. Negative pressures, negative remarks, and negative Keys property owners input as to the use of their monies has been made. It appears to be a stalemate on your Boards behalf to reach an exceptable expeditious M.O.U. All of these factors have brought us to realize beyond a doubt, the sewer pipe in the public waterway remains solely the District's responsi- bility. In light of the new specification plans regarding construction, prevailing wage stipulations, engineering enforcement of which we have no working knowledge or control. We obviously are no longer in accord with our first offer to formulate an exceptable M.O.U. with the District. Therefore, we withdraw any prior offers of assistance to the District. We, however, propose this new offering of monitary contribution toward your plumbing corrective actions at the location in question. So you have total control of the engineering undertaking and the complete project without TKPOA interference. P.O. BOX 10470, SOUTH LAKE TAHOE, CA. 95731 · PHONE (916) 541-4377 South Tahoe Public Utility District May 10, 1989 Page two... We offer the sum of $25,000.00 cash toward your efforts to be used for this project as needed, to be paid upon demand to your district within 10 working days of project completion. This offer will be considered void if we do not hear in writing from you by May 15, 1989 accepting TKPOA's proposal. Respectfully, Arnie Leonard, President Tahoe Keys Board of Directors cc:. Peter Whitney, Chiarman Water Quality Committee Ray McCarty, Operations Director TKPOA Lew Feldman, Esq. TRPA Lahontan